Florida Senate - 2018 SB 1660
By Senator Farmer
1 A bill to be entitled
2 An act relating to mandatory retention of grade 3
3 students; amending s. 1008.25, F.S.; deleting
4 provisions relating to the mandatory retention of
5 students who receive specified scores on the grade 3
6 statewide, standardized English Language Arts
7 assessment; amending ss. 1008.34 and 1008.345, F.S.;
8 conforming provisions to changes made by the act;
9 providing an effective date.
11 Be It Enacted by the Legislature of the State of Florida:
13 Section 1. Paragraphs (b) and (c) of subsection (5),
14 paragraphs (b) and (c) of subsection (6), subsection (7), and
15 paragraph (a) of present subsection (8) of section 1008.25,
16 Florida Statutes, are amended to read:
17 1008.25 Public school student progression; student support;
18 reporting requirements.—
19 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
(b) To be promoted to grade 4, a student must score a Level
21 2 or higher on the statewide, standardized English Language Arts
22 assessment required under s. 1008.22 for grade 3. If a student’s
23 reading deficiency is not remedied by the end of grade 3, as
24 demonstrated by scoring Level 2 or higher on the statewide,
25 standardized assessment required under s. 1008.22 for grade 3,
26 the student must be retained.
27 (b) (c) The parent of any student who exhibits a substantial
28 deficiency in reading, as described in paragraph (a), must be
29 notified in writing of the following:
30 1. That his or her child has been identified as having a
31 substantial deficiency in reading, including a description and
32 explanation, in terms understandable to the parent, of the exact
33 nature of the student’s difficulty in learning and lack of
34 achievement in reading.
35 2. A description of the current services that are provided
36 to the child.
37 3. A description of the proposed intensive interventions
38 and supports that will be provided to the child that are
39 designed to remediate the identified area of reading deficiency.
40 4. That if the child’s reading deficiency is not remediated
41 by the end of grade 3, the child must be retained unless he or
42 she is exempt from mandatory retention for good cause.
43 4. 5. Strategies, including multisensory strategies, through
44 a read-at-home plan the parent can use in helping his or her
45 child succeed in reading.
46 5. 6. That the statewide, standardized English Language Arts
47 assessment is not the sole determiner of promotion and that
48 additional evaluations, portfolio reviews, and assessments are
49 available to the child to assist parents and the school district
50 in knowing when a child is reading at or above grade level and
51 ready for grade promotion.
52 6. 7. The district’s specific criteria and policies for a
53 portfolio as provided in subparagraph (6)(b)4. and the evidence
54 required for a student to demonstrate mastery of Florida’s
55 academic standards for English Language Arts. A parent of a
56 student in grade 3 who is identified anytime during the year as
57 being at risk of retention may request that the school
58 immediately begin collecting evidence for a portfolio.
59 7. 8. The district’s specific criteria and policies for
60 midyear promotion. Midyear promotion means promotion of a
61 retained student at any time during the year of retention once
62 the student has demonstrated ability to read at grade level.
63 (6) ELIMINATION OF SOCIAL PROMOTION.—
64 (b) The district school board may only exempt students from
65 mandatory retention , as provided in paragraph (5)(b), for good
66 cause. A student who is promoted to grade 4 with a good cause
67 exemption shall be provided intensive reading instruction and
68 intervention that include specialized diagnostic information and
69 specific reading strategies to meet the needs of each student so
70 promoted. The school district shall assist schools and teachers
71 with the implementation of explicit, systematic, and
72 multisensory reading instruction and intervention strategies for
73 students promoted with a good cause exemption which research has
74 shown to be successful in improving reading among students who
75 have reading difficulties. Good cause exemptions are limited to
76 the following:
77 1. Limited English proficient students who have had less
78 than 2 years of instruction in an English for Speakers of Other
79 Languages program based on the initial date of entry into a
80 school in the United States.
81 2. Students with disabilities whose individual education
82 plan indicates that participation in the statewide assessment
83 program is not appropriate, consistent with the requirements of
84 s. 1008.212.
85 3. Students who demonstrate an acceptable level of
86 performance on an alternative standardized reading or English
87 Language Arts assessment approved by the State Board of
89 4. A student who demonstrates through a student portfolio
90 that he or she is performing at least at Level 2 on the
91 statewide, standardized English Language Arts assessment.
92 5. Students with disabilities who take the statewide,
93 standardized English Language Arts assessment and who have an
94 individual education plan or a Section 504 plan that reflects
95 that the student has received intensive instruction in reading
96 or English Language Arts for more than 2 years but still
97 demonstrates a deficiency and was previously retained in
98 kindergarten, grade 1, grade 2, or grade 3.
99 6. Students who have received intensive reading
100 intervention for 2 or more years but still demonstrate a
101 deficiency in reading and who were previously retained in
102 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
103 years. A student may not be retained more than once in grade 3.
104 (c) Requests for good cause exemptions for students from
105 the mandatory retention requirement as described in
106 subparagraphs (b)3. and 4. shall be made consistent with the
108 1. Documentation shall be submitted from the student’s
109 teacher to the school principal that indicates that the
110 promotion of the student is appropriate and is based upon the
111 student’s academic record. In order to minimize paperwork
112 requirements, such documentation shall consist only of the
113 existing progress monitoring plan, individual educational plan,
114 if applicable, report card, or student portfolio.
115 2. The school principal shall review and discuss such
116 recommendation with the teacher and make the determination as to
117 whether the student should be promoted or retained. If the
118 school principal determines that the student should be promoted,
119 the school principal shall make such recommendation in writing
120 to the district school superintendent. The district school
121 superintendent shall accept or reject the school principal’s
122 recommendation in writing.
123 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
125 (a) Students retained under paragraph (5)(b) must be
126 provided intensive interventions in reading to ameliorate the
127 student’s specific reading deficiency and prepare the student
128 for promotion to the next grade. These interventions must
130 1. Evidence-based, explicit, systematic, and multisensory
131 reading instruction in phonemic awareness, phonics, fluency,
132 vocabulary, and comprehension and other strategies prescribed by
133 the school district.
134 2. Participation in the school district’s summer reading
135 camp, which must incorporate the instructional and intervention
136 strategies under subparagraph 1.
137 3. A minimum of 90 minutes of daily, uninterrupted reading
138 instruction incorporating the instructional and intervention
139 strategies under subparagraph 1. This instruction may include:
140 a. Integration of content-rich texts in science and social
141 studies within the 90-minute block.
142 b. Small group instruction.
143 c. Reduced teacher-student ratios.
144 d. More frequent progress monitoring.
145 e. Tutoring or mentoring.
146 f. Transition classes containing 3rd and 4th grade
148 g. Extended school day, week, or year.
149 (b) Each school district shall:
150 1. Provide written notification to the parent of a student
151 who is retained under paragraph (5)(b) that his or her child has
152 not met the proficiency level required for promotion and the
153 reasons the child is not eligible for a good cause exemption as
154 provided in paragraph (6)(b). The notification must comply with
155 paragraph (5)(c) and must include a description of proposed
156 interventions and supports that will be provided to the child to
157 remediate the identified areas of reading deficiency.
158 2. Implement a policy for the midyear promotion of a
159 student retained under paragraph (5)(b) who can demonstrate that
160 he or she is a successful and independent reader and performing
161 at or above grade level in reading or, upon implementation of
162 English Language Arts assessments, performing at or above grade
163 level in English Language Arts. Tools that school districts may
164 use in reevaluating a student retained may include subsequent
165 assessments, alternative assessments, and portfolio reviews, in
166 accordance with rules of the State Board of Education. Students
167 promoted during the school year after November 1 must
168 demonstrate proficiency levels in reading equivalent to the
169 level necessary for the beginning of grade 4. The rules adopted
170 by the State Board of Education must include standards that
171 provide a reasonable expectation that the student’s progress is
172 sufficient to master appropriate grade 4 level reading skills.
173 3. Provide students who are retained under paragraph
174 (5)(b), including students participating in the school
175 district’s summer reading camp under subparagraph (a)2., with a
176 highly effective teacher as determined by the teacher’s
177 performance evaluation under s. 1012.34, and, beginning July 1,
178 2020, the teacher must also be certified or endorsed in reading.
179 4. Establish at each school, when applicable, an intensive
180 reading acceleration course for any student retained in grade 3
181 who was previously retained in kindergarten, grade 1, or grade
182 2. The intensive reading acceleration course must provide the
184 a. Uninterrupted reading instruction for the majority of
185 student contact time each day and opportunities to master the
186 grade 4 Next Generation Sunshine State Standards in other core
187 subject areas through content-rich texts.
188 b. Small group instruction.
189 c. Reduced teacher-student ratios.
190 d. The use of explicit, systematic, and multisensory
191 reading interventions, including intensive language, phonics,
192 and vocabulary instruction, and use of a speech-language
193 therapist if necessary, that have proven results in accelerating
194 student reading achievement within the same school year.
195 e. A read-at-home plan.
196 (7) (8) ANNUAL REPORT.—
197 (a) In addition to the requirements in paragraph (5)(b),
198 Each district school board must annually report to the parent of
199 each student the progress of the student toward achieving state
200 and district expectations for proficiency in English Language
201 Arts, science, social studies, and mathematics. The district
202 school board must report to the parent the student’s results on
203 each statewide, standardized assessment. The evaluation of each
204 student’s progress must be based upon the student’s classroom
205 work, observations, tests, district and state assessments,
206 response to intensive interventions provided under paragraph
207 (5)(a), and other relevant information. Progress reporting must
208 be provided to the parent in writing in a format adopted by the
209 district school board.
210 Section 2. Paragraph (c) of subsection (7) of section
211 1008.34, Florida Statutes, is amended to read:
212 1008.34 School grading system; school report cards;
213 district grade.—
214 (7) TRANSITION.—School grades pursuant to this section and
215 school improvement ratings pursuant to s. 1008.341 for the 2013
216 2014 school year shall be calculated based on statutes and rules
217 in effect on June 30, 2014. To assist in the transition to 2014
218 2015 school grades and school improvement ratings, calculated
219 based on new statewide, standardized assessments administered
220 pursuant to s. 1008.22, the 2014-2015 school grades and school
221 improvement ratings shall serve as an informational baseline for
222 schools to work toward improved performance in future years.
223 Accordingly, notwithstanding any other provision of law:
224 (c) Until such time as an independent verification of the
225 psychometric validity of the statewide, standardized assessments
226 first implemented in 2014-2015 is provided, for purposes of
227 grade 3 English Language Arts student performance and high
228 school graduation requirements pursuant to s. 1003.4282, student
229 performance on the 2014-2015 statewide, standardized assessments
230 shall be linked to 2013-2014 student performance expectations.
231 Students who score in the bottom quintile on the 2014-2015 grade
232 3 English Language Arts assessment shall be identified as
233 students at risk of retention. School districts must notify
234 parents of such students, provide evidence as outlined in s.
235 1008.25(6)(b), and provide the appropriate intervention and
236 support services for student success in grade 4.
238 This subsection is repealed July 1, 2017.
239 Section 3. Paragraph (a) of subsection (5) of section
240 1008.345, Florida Statutes, is amended to read:
241 1008.345 Implementation of state system of school
242 improvement and education accountability.—
243 (5) The commissioner shall annually report to the State
244 Board of Education and the Legislature and recommend changes in
245 state policy necessary to foster school improvement and
246 education accountability. The report shall include:
247 (a) For each school district:
248 1. The percentage of students, by school and grade level,
249 demonstrating learning growth in English Language Arts and
251 2. The percentage of students, by school and grade level,
252 in both the highest and lowest quartiles demonstrating learning
253 growth in English Language Arts and mathematics.
254 3. The information contained in the school district’s
255 annual report required pursuant to s. 1008.25(7) s. 1008.25(8 ).
257 School reports shall be distributed pursuant to this subsection
258 and s. 1001.42(18)(c) and according to rules adopted by the
259 State Board of Education.
260 Section 4. This act shall take effect July 1, 2018.